General Terms and Conditions of Sale

1. Mission, Company, and Customer

1.1 Mission: The company Cap7even, represented by VAT: BE0799956228 and located in Belgium, offers the sale of clothing and accessories for Men/Women/Children.

1.2 Definitions: In all contractual documents, the company Cap7even will be referred to as the "seller" or "vendor," while the person for whom the service is provided or to whom the goods are sold will be referred to as the "customer" or "consumer."

1.3 Scope: These general terms and conditions of sale establish the rights and obligations of the parties involved in the distance selling of goods and/or services. The seller reserves the right to modify these terms and conditions, and any new orders placed by the consumer will be subject to the updated terms.

2. Object and Application

2.1 Consumer: The term "consumer" refers to an individual acting for personal needs and residing at a specific address. 

​2.2 Acceptance of Terms: By placing an order, the informed consumer accepts all provisions outlined in these general terms and conditions. No general or specific conditions provided by the consumer can be integrated without the express written agreement of the seller.

2.3 Waiver: The seller's failure to enforce any provision of these general terms and conditions at any given time shall not be construed as a waiver to enforce such provisions at a later time

2.4 Invalidity: If one or more provisions of these general terms and conditions are deemed invalid or declared as such under the law, regulations, or a definitive decision of a competent jurisdiction, the remaining provisions shall remain valid and in effect.

2.5 Online Ordering: The consumer has the option to place an order online, selecting products from the online catalogue and using the provided order form, subject to availability. The order is considered final when the buyer provides the delivery address, chooses the shipping method, and confirms the payment method.

3. Order Modification

3.1 Irrevocable Orders: Orders submitted to the company are deemed irrevocable for the Customer unless otherwise agreed upon in writing. In this case, the company is not bound by the initially agreed-upon timelines.

4. Refusal of Order

4.1 Non-payment: If a customer places an order without having paid for previous order(s), the company may refuse to fulfill the new order without the customer being entitled to any compensation, regardless of the reason.

5. Product Information

5.1 Products Covered: These general terms and conditions apply to the products listed on the seller's website, indicated as sold and shipped by the seller. The seller indicates the available stock on the website.. 

5.2 Product Description: The products are described and presented with the utmost accuracy. However, as the garments and accessories are handcrafted and adorned, slight color variations may occur compared to the images on the website. The seller shall not be held liable for:

  • Color variations not depicted in the website photos.

  • Omissions regarding the details of certain items in the presentation.

5.3 Non-Contractual Photos: The product photographs are not binding and are provided for illustrative purposes only.

6. Delivery

​6.1 Delivery Address: The products are delivered to the address provided by the consumer on the form available on the website. It is the consumer's responsibility to ensure the accuracy of the provided address. In the event of the package being returned to the seller due to an incorrectly provided delivery address, the new delivery will be at the buyer's expense.

6.2 Shipment and Tracking: The shipment is carried out by Post, DHL, Colissimo, or Mondial Relay with a tracking number. Once the shipment is made, the consumer receives an email notification with the tracking information to follow the progress of the package. If there is a delay in delivery compared to the date indicated in the shipping email, it is strongly recommended to inform the seller, who will initiate an investigation with the carrier. 

​6.3 Lost Package: In the event of a lost package, a substitute product will be sent to the buyer after a period of 61 days. If necessary, the initial product will be refunded to the buyer. The seller disclaims any responsibility for delays in delivery due to the carrier's fault or in cases of force majeure.

7. Receipt or Non-Conformity of Goods

7.1 Damaged Packaging: If the original packaging is damaged, torn, or opened upon delivery, the buyer must check the condition of the items. If they have been damaged, the buyer must refuse the package and make a note on the delivery slip (package refused due to being opened or damaged).

7.2 Reporting Damages: The buyer must confirm any damages by sending a registered letter with acknowledgment of receipt to the carrier within two working days following the receipt of the item(s). A copy of this letter must also be sent to the seller at the address specified in these general terms and conditions.

7.3 Returns and Exchanges: If the products need to be returned to the seller due to damage, a return request must be made to the seller within 15 days of delivery. Any claims made outside of this period will not be accepted. The return of the product will only be accepted if it is in its original condition and packaging. 

7.4 Delivery Error or Exchange: If there is an error in the delivery or an exchange is required, the buyer can request a return from the seller within 15 days of delivery. The shipping costs will be borne by the customer, unless it is found that the returned product does not correspond to the original order placed by the customer

8. Right of Withdrawal

8.1 Consumer's Right: The buyer has a right of withdrawal for a period of 14 days from the receipt of the ordered product(s).

8.2 Return Procedure: The buyer must complete the cancellation form provided by the seller and return the products intact and in their original packaging within 14 days from the date of withdrawal..

​8.3 Return Costs: The buyer is responsible for the return shipping costs. Upon receipt of the returned products, a refund will be issued.

8.4 Exclusions: The right of withdrawal does not apply to customized products, products made to the customer's specifications, or products that have been tested by the consumer.

9. Legal Guarantees: Conformity and Hidden Defects

9.1 Applicable Timeframe: In the case of non-conformity or hidden defects, the customer may take action within two years from the discovery of the defect for hidden defects and from the delivery of the goods for defects of conformity.

9.2 Burden of Proof: The customer is not required to provide proof of the existence of a conformity defect. In case of a conformity defect, the customer has the choice between repairing or replacing the goods. However, if this choice entails a manifestly disproportionate cost for the seller, the seller may proceed with the alternative option. If the repair or replacement of the product is not possible, the customer may return the product and receive a refund or keep the product and receive a partial refund. The same options are available if the repair or replacement cannot be carried out within one month following the claim or if it causes major inconvenience to the customer.

9.3 Hidden Defects: In the case of hidden defects, the customer may return the product and receive a refund or keep the product and receive a partial refund. 

9.4 Exclusions: Apparent defects, damages, and deterioration caused by normal wear and tear, external accidents (incorrect installation, improper maintenance, abnormal use, etc.), third-party intervention, or any modification of the product not provided or specified by the company are excluded.. 

9.5 Payment Obligation: Any claim does not exempt the customer from the obligation to pay for any goods that are not subject to dispute.

9.6 Additional Warranty: The legal guarantees of conformity and hidden defects apply independently of any commercial warranty that may be granted by the company.

10. Pricing 

​10.1 Price Modification: The seller reserves the right to modify prices at any time but undertakes to apply the prices indicated at the time of the order

10.2 Currency and Taxes: The prices are stated in euros and include VAT. They also include delivery costs. The prices take into account the applicable VAT rate on the day of the order. Any changes in the applicable VAT rate may be automatically reflected in the product prices. If new taxes or contributions, including environmental ones, are created or modified (increase or decrease), such changes may be reflected in the sale prices of the products.

10.3 Custom Orders: For customized orders, the seller reserves the right to request a deposit or full payment before starting the production

​11. Invoicing

Invoicing: All purchases will be invoiced, and the invoice will be issued upon completion of the sale.

12. Payment Methods

Available Payment Methods: The consumer can choose from the various payment methods available on the website. The consumer guarantees that they have the necessary authorizations to use the chosen payment method when confirming the order. The seller reserves the right to suspend order processing and delivery if the payment authorization by credit card is refused by the officially accredited organizations. The seller also reserves the right to refuse to deliver or honor an order from a consumer who has not fully paid a previous order or is involved in a payment dispute. The seller disclaims any responsibility in the event of an order placed by a person using another person's banking information without their knowledge.

13. Duty of Advice and obligation of Means

13. Devoir de conseil et obligation de moyens (suite)

​13.1 Duty of Advice: Regardless of the assigned mission and without prejudice to specific points governed by separate agreements, the seller has a duty of advice within the scope of its expertise.

​13.2 Obligation of Means: The seller's obligation is limited to using all possible means to fulfill the assigned mission in accordance with the applicable professional standards. However, except for applicable laws and regulations, the seller is bound by an obligation of means and not by an obligation of result.

​14. Subcontracting

Please note that these terms and conditions are provided as an example and may need to be adapted to suit your specific business and legal requirements. It is recommended to consult with a legal professional to ensure compliance with applicable laws and regulations.
Please note that these terms and conditions are provided as an example and may need to be adapted to suit your specific business and legal requirements. It is recommended to consult with a legal professional to ensure compliance with applicable laws and regulations.

​15. Confidentiality and Data Protection

The company undertakes not to disclose any information, technical or economic documents, or the results obtained unless required by the administrative authority within a legal framework or within the scope of approvals and administrative delegations held by the company.

16. Communication/References

Unless the client expressly objects in writing, the client agrees to be listed as a reference by the company or to have the completed service presented on all communication materials developed by the company.

​17. Reservation of Ownership

​The COMPANY retains ownership of the goods sold until full payment of their price, including principal and interest. In the event of non-payment by the agreed due date, the company may reclaim the goods. The sale will be automatically resolved according to the company's decision, and any already paid installments will be retained in consideration of the customer's use of the goods.

Resale or Transformation: The customer is prohibited from disposing, reselling, or transforming the goods as long as they remain the property of the COMPANY Cap7even until full payment of their price

​18. GDPR (General Data Protection Regulation)

Identification of Data Collected by the company Cap7even
To fulfill its contractual obligations to its customers, the company Cap7even collects the necessary data for the provision of its services. This data is collected when the customer:​

  • Receives a quote or invoice from the company.

  • Creates a personal account on the company's website.

  • Makes an inquiry on the company's website.

  • Requests a quote or places an order on the company's website.

  • Navigates on the company's website and/or views the products.

  • ​Contacts the Customer Service.

19.NFC (Near Field Communication) 

​Each garment sold by Cap7even is equipped with an integrated NFC (Near Field Communication) chip. This chip contains information that is the exclusive property of Cap7even. The information stored in the chip serves to authenticate the garment .

It is important to note that the NFC chip cannot be modified or altered by the customer or any other party. Any attempt to modify the NFC chip is strictly prohibited and may constitute a violation of the terms and conditions of sale.

The presence of the NFC chip in Cap7even garments aims to provide customers with an additional guarantee of authenticity and quality. The information stored in the NFC chip is used for tracking, inventory management, and protection against counterfeiting.

Cap7even reserves the right to use the data collected through the NFC chip for internal analysis and the development of its products and services. All collected information is processed in accordance with Cap7even's privacy policy and will not be shared with third parties without the customer's prior consent.

It is the customer's responsibility to ensure that the NFC chip is not damaged or altered. In case of loss or damage to the NFC chip, the customer should contact Cap7even's customer service for information on possible replacement procedures.

Cap7even disclaims any liability for misuse of the NFC chip or its functionalities, as well as for damages resulting from the use of the NFC chip in a manner not in accordance with the instructions provided by Cap7even..